Court Jurisdiction to Apply for a Child Arrangement Order
With a thriving immigration law practice, many of our family law clients originate from overseas. Our family law solicitors are therefore often asked whether non-British citizens can apply to the English family court for a children law order, such as a child arrangement order, specific issue order, or prohibited steps order.
In this blog, our family law solicitors look at the topic of court jurisdiction in children law proceedings. If you are not sure of your rights as a parent then our family law solicitors can help you.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Court jurisdiction to make a child arrangement order
You do not need to be a British citizen or to have settled status through the EU Settlement Scheme or through indefinite leave to remain status to be able to apply to the English family court for a child arrangement order, specific issue order, or prohibited steps order. You can be in the UK on a time-limited visa, such as a skilled worker visa or spouse visa, and still be able to apply to the family court for a children order.
Your children also do not need to be British citizens or even domiciled in the UK when you apply to the family court for your order. The law says that the English family court has the jurisdiction or power to make a child arrangement order, specific issue order, or prohibited steps order if your child is habitually resident in the UK.
In unusual cases, an application can be made to the high court and you can ask the court to exercise its inherent jurisdiction. If the court agrees to do so then it may make orders even though the child is no longer in the UK.
Talk to a family law solicitor about court jurisdiction and children orders
If you are separating from your husband, wife, or partner and you are worried that you will not be able to reach an agreement on parenting arrangements for your children and are concerned that the English court will not have the power to award you custody of your children or contact it is best to speak to a family law solicitor as soon as possible.
You may be anxious that your estranged partner or ex-spouse will take the children out of the UK and either disappear without a trace or refuse to allow you to see the children. Your fears may be justified and they certainly need investigating.
If a child is habitually resident in the UK, then the law says that the child cannot leave the UK with one parent unless either the other parent agrees or there is a court order in place allowing the child to leave the country.
If a parent does not follow the law, they may be guilty of the offence of parental child abduction. The English family court may be able (depending on the country where the child has been taken) to make a return order requiring the child to come back to the UK. Once returned to the UK, the English family court will then decide if it is in the child’s best interests to live in the UK or return overseas. The court may make child arrangement orders setting out the residence and contact arrangements.
Stopping your child from being taken out of the UK
If you fear that your child will be taken out of the UK or you are concerned that if your visa expires you will be made to leave the UK without your child then talk to one of our specialist family law solicitors. With our international family law expertise and with our specialist immigration law team, we can advise you on:
- Child abduction law and how it relates to your family circumstances
- Applying to the court for a prohibited steps order to stop your child from being taken overseas
- Applying to the court for permission to take a child overseas to live – the order is necessary if anyone with parental responsibility for the child objects to the move overseas
- Negotiating parenting arrangements after a separation or divorce
- Applying to the court for a child arrangement order so your child resides with you or lives with you under a shared care arrangement or has contact with you
- Asking the court to make a specific issue order on an aspect of parenting that you cannot agree on
- The inherent jurisdiction of the high court
- Your immigration options if you or your child is not a British citizen and you do not have settled status under the EU Settlement Scheme or indefinite leave to remain and you want to remain in the UK, including advice on your visa and settlement options
Our friendly family law solicitors understand that it is stressful to be in the situation of separating or divorcing and to be unable to agree on the future parenting arrangements for your children whilst also worried about the threat of child abduction or your ability to remain living in the UK with your child. That is why our specialist family law and immigration law solicitors will work together to help you.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Related Posts
Applying for a Child Arrangement Order
Parental Rights When You Separate or Divorce